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2010 Supreme(Mad) 3075

K.MOHAN RAM
A. Iqbal Ahamed – Appellant
Versus
J. Tajmul Hussain & Others – Respondent


Advocates appeared:
For the Petitioner:R. Venkatavardhan, Advocate.
For the Respondents:T. Velumani, Advocate.

Judgment

1. The respondents herein filed RCOP No.1068 of 2009 against the petitioner in the above Civil Revision Petition for eviction under Sections 10 (2) (i) and 10 (3) (a) (iii) of the Tamil Nadu Buildings (Lease and Rent Control) Act 18 of 1960 (As amended by Act 23 of 1973 and Act 1 of 1980).

2. The case of the respondents is that the petitioner is a tenant under them. The petitioner, by filing a counter, contested the Eviction Petition inter-alia contending as follows:-

In consideration of the financial assistance extended by the respondents father Mr. K.Jaffar Hussain, the predecessors interest of the respondents, permitted the petitioners father to carry on the business in 1/3rd portion of the petition premises i.e., the entire ground floor for a period of 99 years. The intention of the petitioners father in giving lease of the ground floor for 99 years was in effect to transfer the ownership of the ground floor to the respondents father. The said mutual agreement was reduced into writing by an agreement, dated 07.01.1955. By virtue of the above agreement, the respondents father is entitled to have the use of the entire ground floor till 2054. It was the further case of t

























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